Deemed Agreement Sample Clauses

Deemed Agreement. Any Person who acquires in any manner whatsoever any Units or other interest in the Company, irrespective of whether such Person has accepted and adopted in writing the terms and provisions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof to have agreed to be subject to and bound by all of the terms and conditions of this Agreement that any predecessor in such Units or other interest in the Company of such Person was subject to or by which such predecessor was bound.
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Deemed Agreement. Any holder of a Unit (including a transferee thereof) shall be deemed conclusively to have agreed to comply with and be bound by all terms and conditions of this Agreement, with the same effect as if such holder had executed an express acknowledgment thereof, whether or not such holder in fact has executed such an express acknowledgment.
Deemed Agreement. Any Person who acquires in any manner whatsoever any Equity Securities, irrespective of whether such Person has accepted and adopted in writing the terms and provisions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof to have agreed to be subject to and bound by all of the terms and conditions of this Agreement that any predecessor in such Units or other interest in the Company of such Person was subject to or by which such predecessor was bound.
Deemed Agreement. Any Person who acquires in any manner whatsoever any interest in any Membership Interests or other interest in NGR Management, irrespective of whether such Person has accepted and adopted in writing the terms and provisions of this Agreement, shall be deemed by the acceptance of the benefits of the acquisition thereof or the benefits of any Equity Agreement or Employment Agreement, to have agreed to be subject to and bound by all of the terms and conditions of this Agreement or any such Equity Agreement or Employment Agreement that the Transferor of such Membership Interests or other interest in NGR Management was subject to or by which such Transferor was bound.
Deemed Agreement. 26.1 In the event that the Contract is not formally signed and executed by both parties, but the parties proceed to act in accordance with its terms, then the Contract shall be deemed to have been accepted by both parties in the same fashion as if it had been signed by them. In such circumstances the Initial Term shall be considered to have begun on the day that the Specified Programs were first made available for use by the Buyer.
Deemed Agreement. Any Person who acquires in any manner whatsoever any Units or other interest in the Company, or enjoys or seeks to enjoy the rights and benefits thereof, irrespective of whether such Person has accepted and adopted in writing the terms and provisions of this Agreement, shall be deemed by the acceptance of the rights and benefits thereof (or, if applicable, the benefits of any Equity Agreement or Employment Agreement), to have knowingly and willingly irrevocably agreed to be subject to and bound by all of the terms and conditions of this Agreement that any predecessor in such Units or other interest in the Company of such Person was subject to or by which such predecessor was bound.
Deemed Agreement. By acceptance of this Trust, the Trustees, the Depositor, the Holders and the Preferred Security Beneficial Owners agree not to take any position that is contrary to the classification of the Trust as a grantor trust for United States federal income tax purposes.
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Deemed Agreement. If the Borrower Security Trustee is not instructed to serve a Determination Dissenting Notice or Entrenched Right Dissenting Notice within five Business Days of receipt of the relevant Borrower STID Proposal by the persons specified in Clause 12.7 (Borrower STID Voting Request), the Borrower Security Trustee and the Qualifying Borrower Secured Creditors or the Borrower Secured Creditors (as the case may be) shall be deemed to have consented to the voting category and the Decision Period proposed in the relevant Borrower STID Proposal or, as applicable, agreed as to whether the Borrower STID Proposal gives rise to any Entrenched Right affecting a Borrower Secured Creditor.

Related to Deemed Agreement

  • Termination of this Agreement Prior to the Closing Date, this Agreement may be terminated by the Representatives by notice given to the Company if at any time: (i) trading or quotation of any of the Company’s securities shall have been suspended or limited by the Commission or by the New York Stock Exchange (the “NYSE”), or trading in securities generally on either the Nasdaq Stock Market or the NYSE shall have been suspended or limited, or minimum or maximum prices shall have been generally established on any of such quotation system or stock exchange by the Commission or FINRA; (ii) a general banking moratorium shall have been declared by any of federal, New York or Washington authorities; (iii) there shall have occurred any outbreak or escalation of national or international hostilities or any crisis or calamity, or any change in the United States or international financial markets, or any substantial change or development involving a prospective substantial change in United States’ or international political, financial or economic conditions, as in the judgment of the Representatives is material and adverse and makes it impracticable or inadvisable to proceed with the offering sale or delivery of the Securities in the manner and on the terms described in the Pricing Disclosure Package or to enforce contracts for the sale of securities; (iv) in the judgment of the Representatives there shall have occurred any Material Adverse Change; or (v) the Company shall have sustained a loss by strike, fire, flood, earthquake, accident or other calamity of such character as in the judgment of the Representatives may interfere materially with the conduct of the business and operations of the Company regardless of whether or not such loss shall have been insured. Any termination pursuant to this Section 10 shall be without liability on the part of (x) the Company to any Initial Purchaser, except that the Company shall be obligated to reimburse the expenses of the Initial Purchasers pursuant to Sections 4 and 6 hereof, (y) any Initial Purchaser to the Company, or (z) any party hereto to any other party except that the provisions of Sections 8 and 9 hereof shall at all times be effective and shall survive such termination.

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